Board communicating directly with attorney

I would like to know how other boards communicate with their association’s attorneys. Does the board president after informing the rest of the board call the attorney? Does the property manager with board approval call the attorney? We just recently asked for a new property manager and she was the go between for the board and the attorney. We want to change that practice and have our new president be able to communicate directly with the attorney. FYI, this past spring under our old president the association hired a new law firm based on recommendation from our now ex-property manager. The firm’s name is Keough & Moody located in Naperville, IL. Most of the board has only met the attorney once at a meeting. No one has actually ever spoke to any of attorneys besides the ex-property manager. Any input would be appreciated.

thanks,
Kevin

Sharon,

I like you associations model for contacting the Attorney. Whom ever the issue is related too, should contact the attorney.

Thanks,
Kevin

Kevin:

In the case where you don't have a management company that would leave the Board.

The attorney works for the Board not the MC. So to limit all communication with the attorney to the MC is IMO not the right way to do things.

As we have a good working relationship with or MC either they OR the Board speaks with the attorney on a regualr basis.

As President I have e-mail addresses for our attorney. I alwso speak with them by phone. My one comment would be IF any other Board member wished to run something by them it would first need to be approved by the Board.

At $250 per hour I don't want something that does not require a legal opinion to cost our property. We have had unit owners contact our attorney's office wishing to "discuss" some matter they deam important. Our attorney is instructed NOT to accept ANY such calls as we will not pay for those costs. This would include a Board member who comes to the conclusion they need to use the serivces of the property's attorney.

Then I would pick a designated board memeber to communcate with the attorney and inform both the attorney and the MC that that person is the only person designated - or another board member

We've never officially designated anyone, but we usually discuss if an issue should be reviewed by the attorney and if so, the president or our property manager will contact them (lately, I've done the contacting). We also try to meet with both attorneys at the beginning of the year (mostly to discuss all delinquencies)

Simply tell the management company that there is a new procedure for attorney communications. Make that in writing.

Who's running that place anyway?? the board or the manager?

Each of my associations have their own policies regarding who discusses situations with the attorney. I will list the two most common:

1.) The Board votes that one of the Board members discusses a specific topic with the association attorney over the phone.

2.) The Board agrees on a group of questions for the HOA Manager to discuss with the lawyer.

In both situations, the lawyer will write a summary of the conversation which will be distributed to the Board Members. This will give each Board Member the ability to review the conversation and make a decision regarding the topic discussed.

There are a lot of variables here. What State you are in is of course the biggest one as the laws regarding corporations and homeowners associations often differ. What do your By-Laws, Covenants and Articles of Incorporation say? What does your contract with the management company say? Did it delegate to the managers the right to speak with the attorney on behalf of the Board, or did it reserve things like that to the Board?

In ours, only the President who is the CEO may sign contracts, but only when the Board approves the initial contract. Our Board long ago determined that included making decisions and agreements with attorneys once the Board agreed upon the issuance of a contract to that attorney. Alternatively at our President's request (due to a lack of personal time) the Board agreed to appoint a different Officer to speak to and negotiate and carry instructions to the attorney for the time being. Only that person (Officer) deals with the attorney and reports actions and decisions/correspondence to the President.